Title FA, Family Code

Sec. 58.402. PURPOSES OF SYSTEM. The purposes of the system are to: (1) provide accurate information at the statewide level relating to children who come into contact with the juvenile justice system; (2) facilitate communication and information sharing between authorized entitie…

Sec. 58.403. JUVENILE INFORMATION SYSTEM. (a) Through the adoption of an interlocal contract under Chapter 791, Government Code, with one or more counties, the department may participate in and assist counties in the creation, operation, and maintenance of a system that is intend…

Sec. 58.404. INFORMATION COLLECTED BY DEPARTMENT. The department may collect and maintain all information related to juvenile offenders and all offenses committed by a juvenile offender, including all information collected and maintained under Subchapters B and D. Added by Acts 2…

Sec. 58.405. AUTHORITY CUMULATIVE. The authority granted by this subchapter is cumulative of all other authority granted by this chapter to a county, the department, or a juvenile justice agency and nothing in this subchapter limits the authority of a county, the department, or a…

Sec. 59.001. PURPOSES. The purposes of the progressive sanctions model are to: (1) ensure that juvenile offenders face uniform and consistent consequences and punishments that correspond to the seriousness of each offender's current offense, prior delinquent history, special trea…

Sec. 59.002. SANCTION LEVEL ASSIGNMENT BY PROBATION DEPARTMENT. (a) The probation department may assign a sanction level of one to a child referred to the probation department under Section 53.012. (b) The probation department may assign a sanction level of two to a child for who…

Sec. 59.003. SANCTION LEVEL ASSIGNMENT MODEL. (a) Subject to Subsection (e), after a child's first commission of delinquent conduct or conduct indicating a need for supervision, the probation department or prosecuting attorney may, or the juvenile court may, in a disposition hear…

Sec. 59.004. SANCTION LEVEL ONE. (a) For a child at sanction level one, the juvenile court or probation department may: (1) require counseling for the child regarding the child's conduct; (2) inform the child of the progressive sanctions that may be imposed on the child if the ch…

Sec. 59.005. SANCTION LEVEL TWO. (a) For a child at sanction level two, the juvenile court, the prosecuting attorney, or the probation department may, as provided by Section 53.03: (1) place the child on deferred prosecution for not less than three months or more than six months;…

Sec. 59.006. SANCTION LEVEL THREE. (a) For a child at sanction level three, the juvenile court may: (1) place the child on probation for not less than six months; (2) require the child to make restitution to the victim of the child's conduct or perform community service restituti…

Sec. 59.007. SANCTION LEVEL FOUR. (a) For a child at sanction level four, the juvenile court may: (1) require the child to participate as a condition of probation for not less than three months or more than 12 months in an intensive services probation program that emphasizes freq…

Sec. 59.008. SANCTION LEVEL FIVE. (a) For a child at sanction level five, the juvenile court may: (1) as a condition of probation, place the child for not less than six months or more than 12 months in a post-adjudication secure correctional facility; (2) after release from the p…

Sec. 59.009. SANCTION LEVEL SIX. (a) For a child at sanction level six, the juvenile court may commit the child to the custody of the Texas Juvenile Justice Department or a post-adjudication secure correctional facility under Section 54.04011(c)(1). The department, juvenile board…

Sec. 59.010. SANCTION LEVEL SEVEN. (a) For a child at sanction level seven, the juvenile court may certify and transfer the child under Section 54.02 or sentence the child to commitment to the Texas Juvenile Justice Department under Section 54.04(d)(3), 54.04(m), or 54.05(f) or t…

Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall require the juvenile probation department to report progressive sanction data electronically to the Texas Juvenile Justice Department in the format and time frames specified by the Texas Juvenile Justice Department. Adde…

Sec. 59.013. LIABILITY. The Texas Juvenile Justice Department, a juvenile board, a court, a person appointed by a court, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inability to provide a service listed under Sections 59.…

Sec. 59.014. APPEAL. A child may not bring an appeal or a postconviction writ of habeas corpus based on: (1) the failure or inability of any person to provide a service listed under Sections 59.004-59.010; (2) the failure of a court or of any person to make a sanction level assig…

Sec. 59.015. WAIVER OF SANCTIONS ON PARENTS OR GUARDIANS. On a finding by the juvenile court or probation department that a child's parents or guardians have made a reasonable good faith effort to prevent the child from engaging in delinquent conduct or engaging in conduct indica…

Sec. 60.001. DEFINITIONS. In this chapter: (1) "Commission" means the Interstate Commission for Juveniles. (2) "Compact" means the Interstate Compact for Juveniles. (3) "Compact administrator" has the meaning assigned by Article II of the compact. Amended by: Acts 2005, 79th Leg.…

Sec. 60.005. JUVENILE COMPACT ADMINISTRATOR. Under the compact, the governor may designate an officer as the compact administrator. The administrator, acting jointly with like officers of other party states, shall adopt regulations to carry out more effectively the terms of the c…

Sec. 60.006. SUPPLEMENTARY AGREEMENTS. A compact administrator may make supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of an institution or facility of this state or requir…

Sec. 60.007. FINANCIAL ARRANGEMENTS. The compact administrator may make or arrange for the payments necessary to discharge the financial obligations imposed upon this state by the compact or by a supplementary agreement made under the compact, subject to legislative appropriation…

Sec. 60.008. ENFORCEMENT. The courts, departments, agencies, and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to effectuate its purposes and intent which are within their respective jurisdictions. Added by Acts 1995, 7…

Sec. 60.009. ADDITIONAL PROCEDURES NOT PRECLUDED. In addition to any procedures developed under the compact for the return of a runaway juvenile, the particular states, the juvenile, or his parents, the courts, or other legal custodian involved may agree upon and adopt any plan o…

Sec. 60.010. INTERSTATE COMPACT FOR JUVENILES ARTICLE I PURPOSE The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who ha…

Sec. 60.011. EFFECT OF TEXAS LAWS. If the laws of this state conflict with the compact, the compact controls, except that in the event of a conflict between the compact and the Texas Constitution, as determined by the courts of this state, the Texas Constitution controls. Added b…

Sec. 60.012. LIABILITIES FOR CERTAIN COMMISSION AGENTS. The compact administrator and each member, officer, executive director, employee, or agent of the commission acting within the scope of the person's employment or duties is, for the purpose of acts or omissions occurring wit…

Sec. 61.001. DEFINITIONS. In this chapter: (1) "Juvenile court order" means an order by a juvenile court in a proceeding to which this chapter applies requiring a parent or other eligible person to act or refrain from acting. (2) "Other eligible person" means the respondent's gua…

Sec. 61.002. APPLICABILITY. This chapter applies to a proceeding to enter a juvenile court order: (1) for restitution under Sections 54.041(b) and 54.048; (2) for community service under Section 54.044(b); (3) requiring the person to refrain from doing any act injurious to the we…

Sec. 61.003. ENTRY OF JUVENILE COURT ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON. (a) To comply with the requirements of due process of law, the juvenile court shall: (1) provide sufficient notice in writing or orally in a recorded court hearing of a proposed juvenile court ord…

Sec. 61.0031. TRANSFER OF ORDER AFFECTING PARENT OR OTHER ELIGIBLE PERSON TO COUNTY OF CHILD'S RESIDENCE. (a) This section applies only when: (1) a juvenile court has placed a parent or other eligible person under a court order under this chapter; (2) the child who was the subjec…

Sec. 61.004. APPEAL. (a) The parent or other eligible person against whom a final juvenile court order has been entered may appeal as provided by law from judgments entered in civil cases. (b) The movant may appeal from a judgment denying requested relief regarding a juvenile cou…

Sec. 61.051. MOTION FOR ENFORCEMENT. (a) A party initiates enforcement of a juvenile court order by filing a written motion. In ordinary and concise language, the motion must: (1) identify the provision of the order allegedly violated and sought to be enforced; (2) state specific…

Sec. 61.052. NOTICE AND APPEARANCE. (a) On the filing of a motion for enforcement, the court shall by written notice set the date, time, and place of the hearing and order the person against whom enforcement is sought to appear and respond to the motion. (b) The notice must be gi…

Sec. 61.053. ATTORNEY FOR THE PERSON. (a) In a proceeding on a motion for enforcement where incarceration is a possible punishment against a person who is not represented by an attorney, the court shall inform the person of the right to be represented by an attorney and, if the p…

Sec. 61.054. COMPENSATION OF APPOINTED ATTORNEY. (a) An attorney appointed to represent an indigent person is entitled to a reasonable fee for services to be paid from the general fund of the county according to the schedule for compensation adopted by the county juvenile board. …

Sec. 61.055. CONDUCT OF ENFORCEMENT HEARING. (a) The juvenile court shall require that the enforcement hearing be recorded as provided by Section 54.09. (b) The movant must prove beyond a reasonable doubt that the person against whom enforcement is sought engaged in conduct const…

Sec. 61.056. AFFIRMATIVE DEFENSE OF INABILITY TO PAY. (a) In an enforcement hearing in which the motion for enforcement alleges that the person against whom enforcement is sought failed to pay restitution, court costs, supervision fees, or any other payment ordered by the court, …

Sec. 61.057. PUNISHMENT FOR CONTEMPT. (a) On a finding of contempt, the juvenile court may commit the person to the county jail for a term not to exceed six months or may impose a fine in an amount not to exceed $500, or both. (b) The court may impose only a single jail sentence …

Sec. 61.101. DEFINITION. In this subchapter, "parent" includes the guardian or custodian of a child. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.

Sec. 61.102. RIGHT TO BE INFORMED OF PROCEEDING. (a) The parent of a child referred to a juvenile court is entitled as soon as practicable after the referral to be informed by staff designated by the juvenile board, based on the information accompanying the referral to the juveni…

Sec. 61.103. RIGHT OF ACCESS TO CHILD. (a) The parent of a child taken into custody for delinquent conduct, conduct indicating a need for supervision, or conduct that violates a condition of probation imposed by the juvenile court has the right to communicate in person privately …

Sec. 61.104. PARENTAL WRITTEN STATEMENT. (a) When a petition for adjudication, a motion or petition to modify disposition, or a motion or petition for discretionary transfer to criminal court is served on a parent of the child, the parent must be provided with a form prescribed b…

Sec. 61.105. PARENTAL ORAL STATEMENT. (a) After all the evidence has been received but before the arguments of counsel at a hearing for discretionary transfer to criminal court, a disposition hearing without a jury, or a modification of disposition hearing, the court shall give a…

Sec. 61.106. APPEAL OR COLLATERAL CHALLENGE. The failure or inability of a person to perform an act or to provide a right or service listed under this subchapter may not be used by the child or any party as a ground for: (1) appeal; (2) an application for a post-adjudication writ…

Sec. 61.107. LIABILITY. The Texas Juvenile Justice Department, a juvenile board, a court, a person appointed by the court, an employee of a juvenile probation department, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inabil…